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2024 Supreme(SC) 446

B. R. GAVAI, SANDEEP MEHTA
R. K. Munshi – Appellant
Versus
Union Territory of Jammu and Kashmir – Respondent


Advocates appeared:
For the Petitioner(s): Ms. Purnima Bhat, AOR
For the Respondent(s): Mr. Parth Awasthi, Adv. Mr. Pashupathi Nath Razdan, AOR Ms. Maitreyee Jagat Joshi, Adv. Mr. Astik Gupta, Adv.

1. Leave granted.

2. This appeal is directed against the judgment dated 27th September, 2021 passed by the learned Division Bench of the High Court of Jammu and Kashmir and Ladakh at Jammu in LPA No. 38 of 2020 whereby, the learned Division Bench rejected the Letters Patent Appeal preferred by the appellant and affirmed the order dated 19th December, 2019 passed by the learned Single Judge in SWP No. 3440 of 2014 rejecting the writ petition filed by the appellant.

3. Succinctly stated facts relevant and essential for disposal of the appeal are that the appellant herein was working as an Inspector (Telecom) in Jammu and Kashmir Police, 4th Battalion. He superannuated from services on 30th April, 2014. The appellant received a communication from the Director Police, Telecom regarding recovery of the outstanding rentals on account of unauthorized drawals of House Rent Allowance (hereinafter being referred to as ‘HRA’) by the appellant. The said action was taken under Rule 6(h) of The Jammu and Kashmir Civil Services (House Rent Allowance and City Compensation Allowance) Rules, 1992(hereinafter being referred to as ‘Rules of 1992’) in pursuance of a complaint received by the authorities

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